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State of Assam - Section

Section 52 in Assam Prisons Act, 2013

52. Death of inmate.

(1)On the death of an inmate, whether inside a prison or while undergoing treatment in a hospital outside the prison, the Medical Officer of the prison shall forthwith draw up a report stating the following particulars, so far as they can be ascertained, namely : -
(i)the day on which the deceased first complained of illness or was observed to be ill;
(ii)the day on which the Medical Officer was first informed of his illness;
(iii)the day on which he was admitted to hospital;
(iv)the nature of his illness;
(v)the treatment given;
(vi)when the deceased was last seen before his death by the Medical Officer;
(vii)when the inmate died;
(viii)any special remarks that appear to the Medical Officer to be required.
(2)In every case of death of an inmate, whether inside a prison or while undergoing treatment in a hospital outside the prison, -
(a)intimation of the death shall be given to the District or Sub-divisional Magistrate, and to the officer in charge of the police station within whose jurisdiction the death occurs;
(b)an inquest shall be held by an Executive Magistrate to be deputed by the District Magistrate or Sub-divisional Magistrate, as the case may be; and
(c)a post-mortem examination shall be conducted by a competent medical authority :
Provided that in cases where the deceased happens to be a child kept in prison with its mother or father, post-mortem examination shall not be done unless the Magistrate holding the inquest, after considering the circumstances in which the child has died, suspects the death to be homicidal and recommends for a post-mortem examination to be done, or the mother or father of the deceased child desires such post-mortem examination to be done.Chapter-X Work